C14: OF RESIGNATION OF DIOCESAN BISHOPS

Canon: OF RESIGNATION OF DIOCESAN BISHOPS

Chapter: C14 MINISTERS OF THE CHURCH

Method of Resignation

1 (a) If a Diocesan Bishop shall desire to resign his See or to retire therefrom, whether immediately or from a certain future date (his decision thereon being irrevocable), he shall send his resignation to the Metropolitan in writing or, if he himself be Metropolitan, to the Dean of the Province. The Diocesan Bishops shall judge whether or not the resignation shall be accepted.
(b)The provisions of section l(a) of this Canon shall not apply when a Diocesan Bishop is elected as Bishop of another Diocese or so appointed by a delegation made in terms of section 13 of Canon 4 Of the Election of Bishops.

Mandate to be issued

Upon acceptance of the resignation as aforesaid, the Metropolitan (or in his absence the Dean of the Province) shall forthwith proceed in terms of section 9 of Canon 4 Of the Election of Bishops to issue his mandate. The Bishop tendering his resignation shall be ineligible from being a member of the Advisory Committee and the Elective Assembly then convened to consider the appointment of his successor.

Compulsory Resignation of Bishops

2 A Diocesan Bishop may, upon the representation to the Metropolitan of at least three Diocesan Bishops, be asked, or if necessary, required to resign his or her See, if after due consideration, and after giving the fullest opportunity to the Bishop concerned to state his or her views, with the Provincial Chancellor and Registrar (or failing either his or her Deputy ) present, it is the decided opinion of two-thirds of the Diocesan Bishops that such Bishop is no longer able to discharge adequately the duties of his office; provided �

(a) that no action shall be taken unless both the Chancellor and the Registrar (or Deputy as the case may be) concur that the decision in their opinion is correct in terms of the canon law and any other law or legal principle that may apply to the facts;

(b) that the Bishop shall cease to function as Bishop from the date of the decision of the Synod of Bishops and shall, conditional on proviso (c) below failing to identify another ministry, move himself and his or her household from any Diocesan accommodation within three months of the decision of the Synod of Bishops; and

(c) that the Synod of Bishops or the Metropolitan and Metropolitan�s Executive shall try to seek, in consultation with the Bishop concerned, another suitable stipendiary ministry within the Province within the three month period referred to in proviso (b).

However, if it appears to the Metropolitan, after consultation with the Metropolitan�s Executive, either before embarking on or during this process that the reason or one of the reasons for the need for the resignation is in fact related mainly or substantially to matters which could constitute a charge or accusation in terms of Canon 37.1, then in the absence of any charge under Canon 37.1, the Metropolitan in consultation with the Metropolitan�s Executive shall proceed in Terms of Canon 38.

Retirement of bishops

3 Whilst he may continue in office after having retired from the Provincial Pension Fund at the normal retirement age specified in the Fund�s rules, and thus ceases to be a member thereof, every Diocesan bishop shall, at the end of the month in which he attains the age of 70 years, tender his resignation to the Metropolitan, who may either accept it or, after consultation with the Committee, Senate or Chapter of the Diocese concerned, as the case may be, extend such Bishop�s tenure of office for such period or periods as he may determine.

Of Metropolitan

4 The functions assigned to the Metropolitan in the above section of this Canon shall, in the event of the Metropolitan coming under its provisions, be exercised by the Dean of the Province.